This chapter charts the remarkable course and expansion of Title VII’s prohibition on sex discrimination. It follows the path of this exclusively judge-made expansion of law from the Supreme Court’s seminal pronouncement against sex stereotyping in Price Waterhouse v. Hopkins to courts’ reliance on Price Waterhouse to prohibit discrimination against men perceived as inappropriately feminine and against transsexuals. The chapter also explores the limits of the current expansion and highlights courts’ struggle to explain why the prohibition on sex stereotyping does not also lead to protection for workers from sex-specific grooming codes.
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